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Commercial Wayleaves Review

Report of the Director of Open Spaces & Heritage.

Minutes:

Members considered a report of the Director of Open Spaces and Heritage concerning the Commercial Wayleave Review and the following points were made:

 

·         The Superintendent explained that a commercial wayleave was a legally recorded personal licence agreement for passage across a public highway/Forest land involving an exchange of money and a set of conditions.

 

·         The Open Spaces Wayleave Review 2015 identified 25 wayleaves granted for non-residential access, including business premises, liveries, public houses and residential park homes. It was agreed that a mechanism was needed to manage the charges allowing access across the Forest

 

·         The Superintendent advised that the recommended charging model to apply on all 25 commercial wayleaves was to base the revised wayleave fee on a percentage of the rateable value for businesses and a multiplier based on residential wayleaves for park home sites.

 

·         Members were advised that the report would go to the Epping Forest and Commons Committee on 19 November 2018 for approval.

 

·         In response to a query regarding illegal activity, the Superintendent advised that as a charitable trust the aim was to always ensure the land is being used correctly and it was working on a process to clarify and protect the Forest’s rights. The aim was for a fair and consistent policy which would also provide an income for the charity.

 

·         The Director of open Spaces and Heritage noted that the historic process had not been updated and therefore the rates had not increased gradually over an extended period. He stated that wayleaves were valuable and needed to be calculate fairly.  

 

·         Members supported Option 4 - Using consultant’s advice apply new Wayleave fees immediately based on either rateable value or a council tax formulae, applying further increases by Committee approval using a recognised multiplier formula.

 

RESOLVED – That Members support the:

 

·         approval of new commercial wayleave fees immediately based on either rateable value or a council tax formula, applying further increases by Committee approval using a recognised multiplier formula;

 

·         tender a valuation contract with external valuers to value and negotiate the remaining wayleave agreements;

 

·         instruction of the City Solicitor and Comptroller to assist in completing the necessary wayleave agreements.

 

Supporting documents:

 


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